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The Biden administration on Thursday asserted its authority to seize the patents of certain costly medications in a new push to slash high drug prices and promote more pharmaceutical competition.
The administration unveiled a framework outlining the factors federal agencies should consider in deciding whether to use a controversial policy, known as march-in rights, to break the patents of drugs that were developed with federal funds but are not widely accessible to the public. For the first time, officials can now factor in a medication’s price — a change that could have big implications for drugmakers depending on how the government uses the powers.
“When drug companies won’t sell taxpayer-funded drugs at reasonable prices, we will be prepared to allow other companies to provide those drugs for less,” White House National Economic Advisor Lael Brainard said during a call with reporters Wednesday.
This is already something though. It’s a legal threat.
We will only see patents actually be seized if the drug companies don’t play ball. They’ll have to choose whether to cooperate or to challenge this in the courts. The govdrnment isn’t trying to seize patents anymore than banks are hoping to repossess property.
I’ll give credit when things have changed a single smidge.